Asbestos Litigation

In courts all over the nation asbestos litigation is a huge issue. Asbestos exposure is proven to cause lung diseases and damage by research.

An attorney should be able recognize asbestos in each case. This can be accomplished by talking to co-workers, getting reports, or looking at samples taken from homes or workplaces.

Liability

If you or a loved one is diagnosed with an asbestos-related condition, you may be qualified for compensation. Compensation can help with lost wages medical expenses, as well as other costs associated with mesothelioma or another asbestos legal (experienced)-related disease. You can make a claim for compensation or an offer to settle the case with the defendants in the case.

There are usually multiple defendants in an asbestos-related case because there are numerous mining companies who produced asbestos as well as manufacturers of products that contained asbestos. These businesses may also own or have control of asbestos-contaminated properties. Additionally, businesses that provided services to mines or manufacturers who used asbestos, or who were employers could be held liable for the victims' injuries.

Asbestos lawsuits often fall under the legal category of product liability law, which is based on common and state laws that allow damages to be sought against producers of products if those products cause injuries. Specifically, in a product liability lawsuit, it's claimed that the injuries were caused due to a flawed or defective design and that the injured party was not adequately warned of the dangers associated with using the products.

In asbestos cases, defendants often argue that they were not negligent and that their products are safe. This is despite the fact that doctors have known for years that asbestos-containing items are linked to a myriad of illnesses. Companies that concealed asbestos-related risks to increase profits were accused of a cover-up as they sought to thwart claims and stop workers from seeking financial compensation for their injuries.

If more than one defendant is found to be responsible for asbestos-related injuries suffered by a victim the judge or jury can decide how to divide the responsibility between them in a process called apportionment. The apportionment of liability will not alter the amount that a plaintiff could receive as compensation from the defendants in the case.

Damages

A lawsuit brought against a business that produced or sold asbestos-related products could aid victims in recovering compensation for the losses they suffered. This includes the cost for medical treatment and lost wages because of being unable to perform their job. Victims may also be eligible for punitive and compensatory damages.

The lawsuit alleges that the defendant acted negligently, which means that it did not take reasonable steps to ensure that the product was safe for the intended use. The lawsuit further alleges that the defendant knew that asbestos could be hazardous and Asbestos Legal failed to warn workers and consumers about the risk.

A victim or the estates of people who have died from asbestos-related diseases like mesothelioma may make an asbestos lawsuit. A person can file a personal injury lawsuit to claim compensation for economic and non-economic damages, including emotional distress and loss of enjoyment of life as well as suffering and pain. Additionally, the surviving family members of a person who died from an asbestos-related disease may pursue a wrongful-death lawsuit.

Once an asbestos-related case has been filed, the two parties exchange information via a process called discovery. This process can last for a long time, and may require extensive interviews with co-workers family members, abatement workers, relatives and others to discover potential defendants and their asbestos-related products.

Due to the complicated nature of asbestos litigation it is crucial that plaintiffs get an experienced lawyer handle their case. The law firm the victim or their family selects should be able to understand the unique complexities of asbestos litigation. They should also be recognized by insurance companies as well as defendants for their experience.

LK's attorneys are asbestos litigation experts with years of experience representing asbestos victims and their families. We are known for our ability to secure the maximum amount of compensation to our clients.

Contact us for a free consultation If you have any concerns regarding filing a lawsuit against asbestos. We are dedicated to fighting for justice that is in the best interest of our clients. Our offices are located in Salt Lake City, Utah and Houston, Texas. We represent clients nationwide. Contact us via email or phone today to get started.

Settlements

If asbestos victims win their lawsuits, they are awarded compensation for the companies which exposed them to harmful substances. This money is meant to assist the family members of the victim with the financial burdens resulting from the asbestos exposure. Compensation can also cover suffering and pain.

Asbestos cases are usually settled instead of going to trial. This is because it is more cost-effective and easier for asbestos legal the defendant companies to settle the case in this manner. Settlements also can help prevent the negative publicity that comes with a verdict in a trial. It is important to hire an experienced mesothelioma lawyer with experience in obtaining maximum damages for their clients.

Mesothelioma lawsuits are complicated and require attorneys to conduct thorough research on their client's employment history, medical records and asbestos exposure. They can assist clients in identifying companies that could produce asbestos that could be the cause for their condition. Lawyers are able to gather evidence and use it in the preparation of a solid mesothelioma lawsuit.

Mesothelioma lawyers can uncover evidence that asbestos companies were negligent during depositions and investigations. Evidence typically comes in the form of internal memos, corporate documents, and testimony from former employees who been exposed to asbestos-containing materials. In many cases these documents, it is clear that asbestos-producing companies knew about mesothelioma's risks and other asbestos-related diseases but did not divulge the information to their employees or to the general public.

There are many states that set time limits also known as statutes or limitations that define how long an asbestos victim can make a claim. The time frames vary from state-to-state, but are typically between one and two years. If the statute of limitations expires before a case for mesothelioma has been filed, the victim will lose their right to compensation.

The amount of compensation victims will receive is based on the severity of their illness as well as their diagnosis and other factors. Attorneys look at treatment costs and other expenses when negotiating to ensure that patients have enough funds to pay their medical expenses. Asbestos victims may also be able to claim through trust funds created for those diagnosed with mesothelioma as well as other asbestos-related diseases.

Certain trusts are depleted, but some continue to pay substantial awards. In 2018 the United States court gave $70 million to the relatives of a U.S. Navy machinist diagnosed mesothelioma after working with gaskets made by John Crane Inc.

Trials

Asbestos victims who attend trial have a greater chance of receiving compensation than those who accept a settlement offer. Trials can solve issues that aren't possible to resolve through settlement negotiations. For example, there may be differences in the calculation of damages, and whether the condition of a victim is caused by a specific exposure.

In a court of law, plaintiffs have to prove that they are entitled damages, including past and future medical costs loss of wages, damages to property as well as pain and discomfort and loss in consortium. In addition, the defendant has to demonstrate that it is responsible for the asbestos-related injuries. The trial process is often lengthy. In the last decade mesothelioma jury awards have risen dramatically and have significantly exceeded the amount given by judges in settlement cases.

A mesothelioma lawyer can help patients understand how to proceed in the trial process and can explain their legal rights in a courtroom with an open door. A qualified lawyer can also assist in identifying potential defendants. Unlike car accident litigation, where it is often easy to identify the parties, asbestos cases can be more complex. This is especially true if an individual was exposed to more than one kind of asbestos and in various locations. A seasoned mesothelioma attorney will interview witnesses such as co-workers family members, abatement workers, relatives and suppliers to compile an extensive database of the companies as well as their products and locations.

The cost of resolving asbestos claims eats up funds that could be used to pay future cases. In addition, some claimants believe that settlements are not just based on injuries that actually occurred and deserve more in compensation.

Plaintiffs in asbestos cases can contest claims to dismiss them by summary judgment or a finding of no exposure. However the motions must be based on an extensive review of evidence and an expert's view that the doses measured of asbestos that the plaintiff was exposed to were not sufficient to cause mesothelioma. Although the process can take a while, a seasoned mesothelioma lawyer could help to accelerate the process and make sure that it doesn't be added to the long queue of cases that are awaiting the courts.